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MAIS v. FUTURISTIC FOODS

Supreme Court, Appellate Term, Second Department
Feb 21, 1978
95 Misc. 2d 834 (N.Y. App. Term 1978)

Opinion

February 21, 1978

Appeal from the Civil Court of the City of New York, County of Kings, NANETTE DEMBITZ, J.

Goidel, Goidel Helfenstein, P.C. (Alvin I. Goidel and Bruce S. Leffler of counsel), for appellant.

William J. Brennan, amicus curiae.


MEMORANDUM.

Judgment of the court below ( 90 Misc.2d 259) affirmed, without costs.

In this small claims action, plaintiff established his cause of action for breach of contract. The defendant failed to establish its defense of accord and satisfaction (see Matter of King Metal Prods. v Workmen's Compensation Bd., 20 A.D.2d 565). Moreover, in view of the undisputed facts contained in the record, it cannot be said that the court's opinion was affected by its consultations with a Federal agency. We are, thus, of the opinion that substantial justice has been done between the parties (CCA, § 1807).

Concur: PINO, P.J., and WEINSTEIN, J.; RINALDI, J., taking no part.


Summaries of

MAIS v. FUTURISTIC FOODS

Supreme Court, Appellate Term, Second Department
Feb 21, 1978
95 Misc. 2d 834 (N.Y. App. Term 1978)
Case details for

MAIS v. FUTURISTIC FOODS

Case Details

Full title:HECTOR N. MAIS, Respondent, v. FUTURISTIC FOODS, INC., Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Feb 21, 1978

Citations

95 Misc. 2d 834 (N.Y. App. Term 1978)
414 N.Y.S.2d 822

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